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PERM FAQs for Fraud Rule, Round 2

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March 31, 2008

The Office of Foreign Labor Certification (OFLC) has issued a second round of FAQs in response to issues stemming from the final fraud rule published in May 2007. The rule includes such provisions as the following:

Provides a 180-day validity period for approved labor certifications; employers will have 180 calendar days within which to file an approved permanent labor certification in support of a Form I–140 Immigrant Petition for Alien Worker (Form I–140) with DHS.

Prohibits the sale, barter or purchase of permanent labor certifications and applications.

Requires employers to pay the costs of preparing, filing and obtaining certification.

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